The medical law reporters for Indian doctors
The medical law reporters for Indian doctors

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August 2022

“If the public servants can be legally protected for the bonafide errors in their action, there is no reason for not extending such a protection to the medical professionals” – Karnataka High Court

Dr. Ganesh Nayak v/s V. Shamanna & Ors.
15MLCD (j307) | Karnataka High Court, Bengaluru
Judgement in favour of: Doctor

Surgeon punished for associating with a nursing home run by a quack - "A perfect example of malaise which plagues numerous nursing homes," observes Medical Council

Janak Raj Dhami & Anr. v/s Manju Gupta & Ors.
15MLCD (j310) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Hospital takes a bizarre defence - Why was the mop removed from the patient's abdomen during subsequent surgery not sent for biopsy?

Pravinbhai Naranbhai Sonara v/s Kesar SAL Hospital
15MLCD (j314) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient

Court rejects patient's complaint as it was based on newspaper advertisement and not on opinion of any medical expert

Paresh Ojha v/s Dr. Abhishek Mukherjee & Ors.  
15MLCD (j325) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Doctor

Gynaecologist held negligent for not following international guidelines in a case of borderline ovarian malignancy

M/s Artemis Health Institute & Ors. v/s Manvika Banswal & Ors.
15MLCD (j328) | Haryana State Consumer Disputes Redressal Commission, Panchkula
Judgement in favour of: Patient

Insurance policies obtained only by the doctors of the hospital – Supreme Court refuses to direct the insurance company to pay for the hospital's liability

M/s Sheth M L Vaduwala Eye Hospital v/s Oriental Insurance Company Limited and Ors.
15MLCD (j335) | Supreme Court of India
Judgement in favour of: None

"It is immaterial whether any harm is caused or not ... mere act of issuing a wrong test report" is negligence

Anjana Agrawal & Anr. v/s Lifeline Laboratory & Ors.
15MLCD (j339) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

The Medical Superintendent who was not even in service when the patient was hospitalised held negligent!

Dr. Reema Gogia v/s Anoop Kumar & Ors.
15MLCD (j344) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient



How To Get Maximum
    From the Editors Desk

  • Handing Over The Baton – Welcome Dr. Shreekant Shetty, our new Editor

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  • What are the changes that have happened in your journal?

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  • We want you to be acquainted with both sides of the coin

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  • How is this journal made?

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  • How to get the maximum out of this journal

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  • Is this journal the need of the hour?

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  • The First Editorial

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  • Publishes ‘real time judgments’ on medical negligence from higher courts
  • Every judgment is further summarized in simple, non-legal language
  • Comprehensively guides a doctor on avoiding MedLegal issues
  • Suggests practically useful ‘Do’s & Don’ts’ in day-to-day practice
  • Cases selected / analyzed solely from a doctor’s viewpoint
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